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Einlageerbringung

English translation: Here: acquisition of own shares

22:53 Sep 21, 2004
German to English translations [PRO]
Bus/Financial - Investment / Securities
German term or phrase: Einlageerbringung
Nach $33 GmbHG soll eine Einlageerbringung durch die Gesellschaft selbst ausgeschlossen sein.
Kathy Saranpa
Finland
Local time: 16:19
English translation:Here: acquisition of own shares
Explanation:
Let’s start with the law itself:
The sole topic of Article 33 of the GmbHG are restrictions on the acquisition of own shares by the GmbH.
1. Shares must not be acquired unless fully paid-in.
2. Fully paid-in shares may be acquired by the company, provided hower that his must not cause a reduction in stated (legal) capital.
3. Breach of 1 or 2 renders the transaction void.

In the situation at hand, company by-laws specifically rule out an acquisition of own shares (for example by way of transfer from a member) by the GmbH.



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Note added at 1 hr 34 mins (2004-09-22 00:27:11 GMT)
--------------------------------------------------

The likely cause of the misunderstanding here is the term \"Einlageerbringung,\" which to some may sound like provision of assets, etc. (something a company cannot do in the first place), but actually pertains to shares (Stammeinlage) in the GmbH\'s legal capital (Stammkapital).
Selected response from:

Andreas Baranowski
Japan
Local time: 22:19
Grading comment
Thanks for the research!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4rendering (or payment) of the contribution(s)
Derek Gill Franßen
4Here: acquisition of own shares
Andreas Baranowski
3capital contribution
swisstell


  

Answers


4 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
capital contribution


Explanation:
per paragraph 33 of limited liability companies, a capital contribution by the company itself shall be excluded

swisstell
Italy
Local time: 15:19
Works in field
Native speaker of: German
PRO pts in category: 22
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5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
rendering (or payment) of the contribution(s)


Explanation:
I'm talking about capital and assets brought, introduced or invested into a company (that's why the company can't - or shouldn't - do it itself).

Derek Gill Franßen
Germany
Local time: 15:19
Works in field
Native speaker of: English
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  Ingrid Blank
12 mins
agree  Kim Metzger
44 mins
agree  Dr. Fred Thomson
3 hrs
agree  Dr.G.MD (X)
16 hrs
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
Here: acquisition of own shares


Explanation:
Let’s start with the law itself:
The sole topic of Article 33 of the GmbHG are restrictions on the acquisition of own shares by the GmbH.
1. Shares must not be acquired unless fully paid-in.
2. Fully paid-in shares may be acquired by the company, provided hower that his must not cause a reduction in stated (legal) capital.
3. Breach of 1 or 2 renders the transaction void.

In the situation at hand, company by-laws specifically rule out an acquisition of own shares (for example by way of transfer from a member) by the GmbH.



--------------------------------------------------
Note added at 1 hr 34 mins (2004-09-22 00:27:11 GMT)
--------------------------------------------------

The likely cause of the misunderstanding here is the term \"Einlageerbringung,\" which to some may sound like provision of assets, etc. (something a company cannot do in the first place), but actually pertains to shares (Stammeinlage) in the GmbH\'s legal capital (Stammkapital).


    Reference: http://beckmann.jura.uni-sb.de/Website/Lehrveranstaltungen/G...
Andreas Baranowski
Japan
Local time: 22:19
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 4
Grading comment
Thanks for the research!
Login to enter a peer comment (or grade)



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